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KENNEDY v. THE UNITED KINGDOM JUDGMENT
(a) so modifies or interferes with the system, or its operation,
(b) so monitors transmissions made by means of the system, or
(c) so monitors transmissions made by wireless telegraphy to or from apparatus
comprised in the system,
as to make some or all of the contents of the communication available, while being
transmitted, to a person other than the sender or intended recipient of the
communication.”
31. Section 5(1) allows the Secretary of State to issue a warrant
authorising the interception of the communications described in the warrant.
Under section 5(2), no warrant for interception of internal communications
(i.e. communications within the United Kingdom) shall be issued unless the
Secretary of State believes:
“(a) that the warrant is necessary on grounds falling within subsection (3); and
(b) that the conduct authorised by the warrant is proportionate to what is sought to
be achieved by that conduct.
32. Section 5(3) provides:
“Subject to the following provisions of this section, a warrant is necessary on
grounds falling within this subsection if it is necessary–
(a) in the interests of national security;
(b) for the purpose of preventing or detecting serious crime; [or]
(c) for the purpose of safeguarding the economic well-being of the United Kingdom
...”
33. The term “national security” is not defined in RIPA. However, it has
been clarified by the Interception of Communications Commissioner
appointed under RIPA's predecessor (the Interception of Communications
Act 1985) who, in his 1986 report, stated that he had adopted the following
definition:
“[activities] which threaten the safety or well-being of the State, and which are
intended to undermine or overthrow Parliamentary democracy by political, industrial
or violent means.”
34. Section 81(2)(b) RIPA defines “serious crime” as crime which
satisfies one of the following criteria:
“(a) that the offence or one of the offences that is or would be constituted by the
conduct is an offence for which a person who has attained the age of twenty-one and
has no previous convictions could reasonably be expected to be sentenced to
imprisonment for a term of three years or more;
(b) that the conduct involves the use of violence, results in substantial financial gain
or is conduct by a large number of persons in pursuit of a common purpose.”